Snap Fitness to compensate manager for unfair sacking… $6,000 compensation

A Palmerston North gym has been ordered to pay $6,000 compensation to former manager Matthew Milne, who was fired just after coming back from holiday.

Milne was employed as a manager at Snap Fitness between April 2013 and September 2014.

The authority found many of the gym’s allegations against Milne lacked substance and others were insufficient to justify dismissal.

Company principal Korey Gibson, based in Christchurch, made the decision to sack Milne without meeting him because of the cost of travel to Palmerston North.

Milne had been accused, among other things, of taking four hour lunches and failing to deal with plumbing problems, but the ERA did not uphold the allegations.

“I do not accept that Mr Milne did fail to work the required hours in his employment agreement. Furthermore there was insufficient evidence for Snap Fitness to so conclude.”

The ERA said Gibson could not explain how Milne’s alleged absences had not been noticed by head office.

“This would have been the case had Mr Milne regularly been absent on four hour lunches as claimed by one trainer.”

Other allegations around customer needs, cleanliness of the property and dealing with personal trainers and customer feedback were matters of performance and not serious misconduct and so did not justify dismissal.

The authority said that Milne had been promoted to the sole-employee manager role with little training.

“Mr Milne was provided with some back office support and the occasional business trips to Christchurch, but otherwise as a new and young manager was little supported.”

Milne had taken 12 weeks agreed leave to travel to the United States prior to being dismissed.

Shortly before deciding to dismiss him, Gibson had written to Milne ‘in very strong terms’ saying that he was expecting “full steam ahead no bullshit”.

Gibson’s decision to dismiss was unfair and, as there had been no face-to-face meeting, it was difficult for Milne to get a fair hearing and the process was flawed as well.

The authority emphasised Milne’s lack of support by the business.

“Mr Gibson did not appear to give great weight to Mr Milne being on his own and being a young inexperienced manager. It was not clear what, if any, training he had received as such.”

Milne was not granted compensation for loss of income because he had not mitigated his losses by looking for work.

Gibson is focussing on the future.

“We have very exciting things on the horizon and know the unfortunate changes we feel we were forced to make, leave our members in a happier environment,” he said.

Milne could not be contacted for comment.